HomeMy WebLinkAbout4/24/1980 (2)APR 2 3 19 00 Do 43 PAu. 06
APRIL 24, 1980
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY
ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE NORTH
INDIAN RIVER COUNTY FIRE DISTRICT MET AT THE COURTHOUSE, VERO BEACH,
FLORIDA, AT 4:58 O'CLOCK P.M. PRESENT WERE WILLARD W. SIEBERT, JR.;
ALMA LEE Loy; WILLIAM C. WODTKE, SJR.; R. DON DEESON; AND PATRICK B.
LYONS, ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR;
GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS;
.JEFFREY BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY
CLERK.
ATTORNEY COLLINS CALLED THE MEETING TO ORDER AND ASKED
FOR NOMINATIONS FOR CHAIRMAN.
COMMISSIONER WODTKE NOMINATED DON DEESON AS CHAIRMAN OF
THE DISTRICT BOARD OF FIRE COMMISSIONERS, AND NOMINATIONS WERE CLOSED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ELECTED COMMISSIONER R. DON DEESON AS
CHAIRMAN OF THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE NORTH
INDIAN RIVER COUNTY FIRE DISTRICT.
CHAIRMAN DEESON TOOK OVER THE MEETING AND STATED THAT IT
WAS CONVENED IN ORDER TO RECOMMEND APPOINTMENTS FOR THE NORTH INDIAN
RIVER COUNTY FIRE DISTRICT ADVISORY COMMITTEE.
ATTORNEY COLLINS NOTED THAT THE ORDINANCE CALLS FOR THE
ADVISORY COMMITTEE TO BE MADE UP OF, BUT NOT LIMITED T0, THE PRESIDENT
AND CHIEF OF EACH VOLUNTEER ORGANIZATION.
COMMISSIONER SIEBERT REPORTED THAT HE HAD RECEIVED SEVERAL
CALLS FROM THE MUNICIPALITIES SAYING THAT, ALTHOUGH THEY RELINQUISHED
ALL AUTHORITY TO THE BOARD, THEY FEEL RESPONSIBLE TO THEIR TAXPAYERS
AND WOULD LIKE TO BE REPRESENTED ON THE ADVISORY COMMITTEE. HE,
THEREFORE, SUGGESTED THAT A REPRESENTATIVE OF THE CITIES OF FELLSMERE,
SEBASTIAN, AND COMMUNITY OF ROSELAND BE APPOINTED TO THE ADVISORY
COMMITTEE.
152
COMMISSIONER WODTKE DISCUSSED THE POSSIBILITY OF HAVING
A REPRESENTATIVE FROM WABASSO, AND THE BOARD FELT, IF NECESSARY,
SOMEONE COULD BE ADDED, BUT THAT THERE SHOULD BE NINE MEMBERS TO
START WITH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO CONTACT THE
CITIES OF FELLSMERE AND SEBASTIAN AND THE ROSELAND PROPERTY OWNERS
ASSOCIATION AND ASK FOR A RECOMMENDATION FOR APPOINTMENT TO THE NORTH
INDIAN RIVER COUNTY FI -RE DISTRICT ADVISORY COMMITTEE.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE NORTH
INDIAN RIVER COUNTY FIRE DISTRICT ADJOURNED AT 5:03 O'CLOCK P.M.
ATTEST:
ca
CLERK
153
CHAIRMAN
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BOX. 43 pAGE'
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THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECONVENED
AT 5:04 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
COMMISSIONER LYONS REPORTED THAT HE STILL DID NOT HAVE A
RECOMMENDATION FOR SOMEONE TO REPRESENT THE COUNTY WITH THE ST.
JOHN'S RIVER WATER MANAGEMENT DISTRICT.
COMMISSIONER WODTKE INQUIRED ABOUT THE APPOINTMENT TO THE
MENTAL HEALTH BOARD DISTRICT 9, AND COMMISSIONER LYONS REPORTED THAT
TOM BUCHANAN HAS AGREED TO STAY UNTIL A REPLACEMENT CAN BE FOUND,
BUT HE DOES WISH TO RESIGN.
COMMISSIONER LYONS NEXT REPORTED THAT THE INDIAN RIVER
COUNTY LIBRARY HAS A ROOF PROBLEM, AND IN ADDITION, HE HAS LEARNED
THAT IT IS NOT INSULATED. HE STATED THAT THEY ARE LOOKING AT THE
POSSIBILITY OF GETTING AN INSULATED ROOF. COMMISSIONER LYONS WONDERED
WHETHER OR NOT THE BOARD MIGHT WANT TO CONSIDER THE POSSIBILITY OF
HELPING THEM WITH THE ROOF.
COMMISSIONER WODTKE FELT THAT THEY JUST HAD THAT ROOF RE-
DONE NOT TOO LONG AGO, AND COMMISSIONER LOY DID NOT FEEL WE CAN DO
ANYTHING AT THIS TIME BECAUSE WE ARE GOING TO HAVE TO COME UP WITH
SOME RECOMMENDED BUDGET CHANGES,
COMMISSIONER LYONS INFORMED THE BOARD THAT THE LIBRARY
STUDY COMMITTEETEE MEMBERS AREE INCURRING SOME MINIMAL EXPENSES -
PHONE
CALLS AND POSSIBLY A LITTLE TRAVEL. HE ASKED IF WE CAN SET UP
$100-$200 FOR THEM TO WORK AGAINST OUT OF CONTINGENCY. HE FELT THEY
WOULD HAVE TO SUBMIT THEIR PHONE BILLS AND VOUCHERS, ETC., AND
DEFINE THEIR EXPENSES.
CHAIRMAN SIEBERT NOTED THAT THE BOARD DID INSTRUCT THE
COMMITTEE TO CARRY OUT THIS STUDY, AND IT WAS GENERALLY AGREED WE
SHOULD GIVE THEM $100, BUT THAT IT MUST BE VOUCHERED.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED $100 BEING TAKEN OUT OF
THE COUNTY DEVELOPMENT FUND AND PUT IN THE LIBRARY STUDY COMMITTEE
EXPENSE ACCOUNT.
154
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ATTORNEY COLLINS REMINDED THE BOARD THAT A REPRESENTATIVE
OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION APPEARED TWO MEETINGS
AGO AND REQUESTED THAT WE APPLY FOR EXEMPTION FROM THEIR REGULATIONS
IN ORDER TO DISCHARGE INTO THE MOSQUITO IMPOUNDMENTS. HE NOTED
THAT THIS IS AN ADMINISTRATIVE PROCEEDING AND REQUIRES THE FILING
OF A PETITION. THE ATTORNEY CONTINUED THAT THE BOARD HAD AUTHORIZED
HIM TO FIND SOME COUNSEL IN TALLAHASSEE TO HELP US ON ENVIRONMENTAL
PROBLEMS. HE REPORTED THAT HE HAS BEEN IN CONTACT WITH ROBERT RHODES,
WHO WAS HEAD OF THE STATE LAND PLANNING PROGRAM, HAS BEEN COUNSEL TO
THE SPEAKER OF THE HOUSE, AND WAS FORMERLY CHAIRMAN OF THE ENVIRON-
MENTAL SECTION TO THE FLORIDA BAR. NSR. RHODES REPRESENTS A NUMBER
OF DEVELOPERS AND GOVERNMENTAL AGENCIES AND SPENDS ABOUT 90% OF HIS
TIME IN ENVIRONMENTAL WORK. ATTORNEY COLLINS STATED THAT HE WOULD LIKE
TO HIRE MR. RHODES TO PROCEED ON THE EXEMPTION APPLICATIONjAND HE
ALSO WOULD LIKE AUTHORIZATION TO GO TO TALLAHASSEE AND GIVE MR. RHODES
ALL THE INPUT DATA NECESSARY TO GET THIS MOVING. HE NOTED THAT MR.
RHODES' FEES ARE $75.00 AN HOUR TO GOVERNMENTAL AGENCIES.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO OBTAIN
THE SERVICES OF COUNSEL ROBERT RHODES OF TALLAHASSEE AND TO PROCEED
WITH THE EXEMPTION APPLICATION AS DISCUSSED, AND, IN ADDITION,
AUTHORIZED OUT -OF -COUNTY TRAVEL FOR THE ATTORNEY TO MEET WITH MR,
RHODES IN TALLAHASSEE.
COMMISSIONER LYONS REPORTED THAT HE HAS A COPY OF A SOIL
SURVEY OF VOLUSIA COUNTY, AND FEELS INDIAN RIVER COUNTY WILL NEED
SUCH A SURVEY. HE NOTED THAT PART OF THE COUNTY HAS BEEN SURVEYED
ALREADY)AND HE WOULD LIKE TO TALK TO SURVEYOR MARVIN CARTER AND SEE
It
-WHAT WOULD BE INVOLVED IN HAVING SUCH A SURVEY DONE FOR INDIAN RIVER
COUNTY. HE CONTINUED THAT WE WOULD HAVE TO PAY ABOUT 1/3 OF THE
COST. THE SURVEY WILL TAKE THREE TO FOUR YEARS AND WOULD COST AROUND
75� AN ACRE OF WHICH WE WOULD PAY 25� PER ACRE. HE STATED THAT HE
WOULD LIKE TO PROCEED FURTHER WITH THIS AND FELT THERE IS NO QUESTION
THAT SUCH A SURVEY WILL BE NEEDED.
155
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CHAIRMAN SIEBERT AUTHORIZED COMMISSIONER LYONS TO PROCEED
TO RESEARCH WHAT WOULD BE INVOLVED IN HAVING SUCH A SURVEY DONE.
ATTORNEY COLLINS REPORTED THAT WE MOVED AHEAD ON PROSECUTION
OF THE JUNK YARD CASES WHICH WERE IN VIOLATION OF OUR ZONING ORDINANCE,
AND -JUDGE STIKELETHER DETERMINED THERE IS A CONFLICT IN THE COUNTY
ORDINANCES SINCE ONE STATES THAT VIOLATIONS OF COUNTY ORDINANCES ARE
NOT CRIMES AND ANOTHER STATES THAT VIOLATIONS WILL BE PUNISHED AS IF
IV
THEY ARE CRIMES. HE ADVISED THAT THE BOARD SHOULD TAKE ACTION AND
AMEND THE ORDINANCES TO INCLUDE A NEW PENALTY PROVISION TAKING OUT
THE INCRIMINATION AND REMEDYING THE CONFLICT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE
A PUBLIC HEARING ONA NEW PENALTY PROVISION UNDER THE COUNTY
ORDINANCES AS DESCRIBED ABOVE.
COMMISSIONER LOY BROUGHT UP THE MATTER OF THE SUIT FILED
AGAINST THE COUNTY BY FORMER FINANCE DIRECTOR WILLIAM .JACKSON.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS-
SIONER DEESON, TO AUTHORIZE THE ATTORNEY TO TAKE THE NECESSARY MEASURES
TO DEFEND THE BOARD OF COUNTY COMMISSIONERS IN THE SUIT FILED BY
WILLIAM JACKSON AND TO TAKE ANY ACTION NECESSARY TO SECURE COUNSEL
FOR THE CHAIRMAN AND/OR FORMER CHAIRMAN OF THE BOARD AND TO PAY FEES
AND EXPENSES ASSOCIATED WITH THIS SUIT.
COMMISSIONER WODTKE COMMENTED THAT HE HAD BEEN NAMED IN
THE SUIT AND FELT PERHAPS HE SHOULD NOT VOTE ON THE MOTION.
COMMISSIONER Loy WAS OF THE OPINION THAT ANYONE SITTING AS
CHAIRMAN WOULD HAVE BEEN NAMED, AND SHE BELIEVED THIS BOARD IS
RESPONSIBLE FOR DEFENDING ANY MEMBER WHO IS INVOLVED IN A SUIT OF
THIS TYPE.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED, WITH COMMISSIONER WODTKE ABSTAINING.
FULLY EXECUTED UTILITY EASEMENTS WHICH WERE NEEDED FOR THE
DEVELOPING OF THE GIFFORD WATER SYSTEM HAVE BEEN RECEIVED FROM THE
FOLLOWING LISTED PERSONS, THE ORIGINALS, WHICH HAVE BEEN RECORDED,
ARE ON FILE IN THE OFFICE OF THE ADMINISTRATOR.
SALLY WYNN -
BOOK
0600
PAGE
2458
JULIUS BAKER, .JR,
& DELORIS BAKER -
BOOK
0600
PAGE
2450
WILBUR MANNING &
PHYLLIS MANNING -
BOOK
0600
PAGE
2452
GIFFORD GARDENS,
INC, (RUSSELL BURKS) -
BOOK
0600
PAGE
2454
FREDDIE MAE PETERSON -
BOOK
0600
PAGE
2456
DIANE FILLICETTI -
BOOK
0600
PAGE
2460
DIANE FILLICETTI -
BOOK
0600
PAGE
2462
RESOLUTION 80-12 AND RELEASE OF EASEMENT TO FRIENDSHIP
BAPTIST CHURCH ARE HEREBY MADE A PART OF THE MINUTES AS APPROVED AT
THE MEETING OF .JANUARY 23: 1980,
4
157
APR 2 31980}
BaoK '41
43 pii
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APR 2 3 1980
RESOLUTION NO. 80-12
eoox 43 * FAcE 412
WHEREAS, there is drainage and utility easement on each side of the
lot lines of Garden of Eden Subdivision, Block A, as filed in Plat Book 4,
Page 36, Indian River County, Florida, records, and
WHEREAS, the Trustees of the Friendship Baptist Church are owners of
Lots 4 through 10, Block A, Garden of Eden Subdivision, Plat Book 4, Page 36,
Indian River County, Florida,
WHEREAS, said property is proposed to have a church edifice constructed
on said lots, which said building will lie over said side lot line easements
on the parcel, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida as follows:
1. The Board does hereby release all 5 foot side lot line easements
over Lots 5 through 10 and the south 5 foot easement on Lot 4, Block A, of
said Garden of Eden Subdivision, but it is specifically understood that the
side lot line easement on the North side lot line of Lot 4 will remain in full
force and effect, and in addition another 5 foot easement immediately south and
adjacent to said remaining easement, will be granted to Indian River County by
the Trustees acting for the Friendship Baptist Church.
2. That the Chairman of the Board of County Commissioners be authorized
to sign a Release of Easement as above set out, and to have said Release recorded
in the Public Records of Indian River County, Florida.
Dated this 23rd day of january , 1980.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RL31E COUNT F ORID
BY Z
W. W. S i e ert, Jr:, Chairman
ATTEST:
CLERK OF THE CIRC+JIT COURT
RELEASE OF EASEMENT
This Release of Easement, executed this 23rd day of January ,
1980, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, first party; to the Trustees of
the Friendship Baptist Church, whose mailing address is ,
Gifford, Indian River County, Florida, second party:
WITNESSETH:
That the said party of the first part for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration in hand paid
by the said second party, does hereby remise, release, abandon, and quit claim
unto the said second party forever, all the right, title, interest, claim and
demand which the said first party has in and to the following described easement,
lying on land situate in the County of Indian River County,State of Florida,
to -wit:
Those side lot easements lying on Lots 5, 6, 7,-8, 9, 10 and the
southern easement on Lot 4, Block A, Garden of Eden Subdivision,
a subdivision as recorded in Plat Book 4, page 36, public
records of Indian River County, Florida.
TO HAVE AND TO HOLD the same with all and singular the appurtenances
thereunto belonging or in anywise appertaining and all estate, right, title,
interest, equity and claim whatsoever of the said first party either in law or
equity to the only proper use, benefit and behoof of the said second party
forever.
IN WITNESS WHEREOF, the said first party has signed and sealed these
presents by the parties so authorized by the law the day and year first above
written.
Signed, sealed and delivered
in the presence of:
NA 2 3 1980
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By:
. Siebe r, 1,Chairman
Attest:
Freda Wright, Cler
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APP 2.31980, Boo; 43 PAGE 414
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
_ . I HEREBY CERTIFY that on this day before me an officer duly
authorized in the State and County aforesaid to take acknowledgements
personally appeared, W. W. SIEBERT, JR., as Chairman of the Board of
County Commissioners of Indian River County, a political subdivision
of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit
Court, to me known to be the persons duly authorized by said County to
execute the foregoing instrument and they acknowledged before me that
they executed the same for and on behalf of the said political sub-
division.
WITNESS my hand and seal in the County and State last aforesaid
this day of _ 1980.
(Notary Seal)
Notary ubl '61, State of Florida t Large.
My commissi M expires:
WMARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION ExPtRES JULY 8 1982
EpN= iHRU GEN_ I INS. UNDERWRITERS
D R:1 T NAMS
THIS EASE IENT rtu►dc' ! ilL. ,,,', I;lll ... ►
h(AWk-Cll Lhe 'i I-UsLc('s re,)t'( tit'Il _- l il;, L iO 1' 1' Luild: 1l ;) i:.):). i.; t
whose rin 1.1 in; ' ;i(I(Ire;s i :, (''/() 1. vn Yi,II:l:�, 1500 .),11[ 11 Av(')lll(',
CilfOrd, Ind),.;)u :fiver Count v, FIO1-ikl;), ;1:; ;I I- v ,)t- thy' !i -;I n:+r'
and indian. River County, a po1L1.Lc;lL subdivisLOn of the State Oi
F1 Or i ;1:1 , -is p;►rt:, OI th(' .;ocond 1):It-t , =.v11():;('
County Courthouse, "2145 14111 Avenuo, Vero lie;)ch, F lorid;l
WITNE.SSETII, that sai(I Ivirty Ot Hie first- p;)rt-, Cor ;Incl in
si-dur.:lt:LO11 of the SUM OL On(' DOI1;Ir ($1..()01 ;)nd OLhcl- v.Ilu;Il)I(' u-
siderations paid, receipt of wti rich is herehv ncknowled?=('d, door:
hereby grant a drainage easement unto the parte of the second ,p;11 -t
its successors and a:;signs, Over, on and across Lh('
described land situated in Indi;m River County, Florida, to wit-:
The North 10 Feet Of 1,OL 4 OF 1110ck A, G;Ird(�n of IMOn
Subdivision, n subdivision :1:, rocorded in Plat P-ook !j,
Page 36,
Iid WITNESS MHERI OF, said party of the first nar.t have herount0
seL Lheir hands and seals on rhe (Liv and vear first above writ t ('rl.
Signed, sealed and delivered
in /the presence of:
!1s LoTO authOr>_zed `l`rusLees
ATTEST:
P rree J a :v'r 73-t17—
Clerk
�taryY ttji`'PUfrNblu, bta{e of rIorlaa �t C.� •±e,
my Commission LPI(Cs Sept..,
APR, -"Rn.--_ ----- _--
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"First Parties"
BOARD OF COUNTY
INDIAN RIVER COUNTY, FL,ORIDA
B y 1211 X ��
Wil�cir�l 1 , ti)i�)el t, Jr.
Chn i rman
"Second Party"
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APR 2 31980
. B0W 43 PAGE 6
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT,'WERE APPROVED
AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND
NOS. 65547 - 65707 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO
ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL
MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR,
REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF
THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 5:20 O'CLOCK P.M.
ATTEST:
CLERK
162